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220 HIGHLAND AVENUE - ZBA Apt e i IVERSAL® UNV-12113 MADE IN USA SUSTAINABLE MIN.RECYfAFD \`rJ FORESTRY CDN ENi 1a 11 INITIATIVE CemgsAFibpr S.U,m, POST-CONSUMER wwxslipmgmm org SFl-0I]vp T 1 i r Zoning Board Proiect Status Sheet Address & Applicant: Z G \ cam,d . Date Submitted to BOA: . z o `S-- Clerk Stamp: Variances Only - Constructive Approval Date: (100 da), from filing;) o'/Abutters List Requested: E/ Abutters Notice Sent: rji/ Notice to Abutting Cities & Towns, Councillors: Legal Notice posted at City Hall: (la d iys before meeting) /Legal Notice Emailed & Confirmed: r Legal Notice Posted on Web: Agenda to Applicant: Applicant's email address or fax number to send agenda: Opened at Meeting: Continued Meetings: r1r Extension Form(s) Signed & Clerk Stamped? Closed at Meeting: l8' 2_Q �S— Decision: Decision Filed: SAppeal Period Over: 22 ill dny arter decision filed) ce Decision Sent to Applicant: m/ Notice of Decisio Sent to abutters, cities and towns, councillors: ZBA ACTION FORM l BOARD MEMBERS MOTION SECOND =VOTE Rebecca Curran (Chair) Date: 3l/gf/5 Richard Dionne Petitioner: r1 /j / Mike Duffy-Tom uffyTom Watkins M Address: Peter Copelas Jimmy Tsitsinos (Alt.) Total: p, Conditions: ®Petitioner shall comply with all city and state statutes, ordinances, codes and regulations. 0 All construction shall be done as per the plans and dimensionssubmitted to and approved by the Building Commissioner. 0 All requirements of the Salem Fire Department relative to smoke and fire safety shall be sttictly adhered to. EO Petitioner shall obtain a building permit prior to beginning any construction. Exterior finishes of the new construction shall be in harmony with the existing structure. ®A Certificate of Occupancy is to be obtained. ❑A Certificate of Inspection is to be obtained. ❑Petitioner shall obtain street numbering from the City of Salem Assessor's Office and shall display said number so as to be visible from the street. LAJ Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to,the Planning Board. ❑Unless this Decision expressly provides otherwise, any zoning relief granted does not empower or authorize the Petitioner to demolish or reconstruct the structure(s) located on the subject property to an extent of more than fifty percent(50%) of its floor area or more than fifty percent(50%)of its replacement cost at the time of destruction. If the structure is demolished by any means to an extent of more than fifty percent(50%)of its replacement cost or more than fifty percent(50%)of its floor area at the time of destruction, it shall not be reconstructed/except in conformity with the provisions of the Ordinance. ® Gnd $��ONDIT CITY OF SALEM, MASSACHUSETTS BOARD OF APPEAL Ml�oo 120 WASHINGTON STREET ♦ SALEM,MASSACHUSETTS 01970< KINMERLEY DRIscoLL TELE:978-745-9595 FAX:978-740-9846 y, MAYOR 9 M _i TO: City of Salem,City Clerk, 120 Washington Street n D FROM: Erin Schaeffer,Staff Planner 3 'Q > W DATE: April 17,2015 RE: ~;)6;ard of Appeal Amended Decision- 220 Highland Ave. r Dear City Clerk, The Zoning Board of Appeal decision stamped April 1,2015 had a clerical error that stated under the Findings For Special Permit, "1.The Board finds that the proposal,to construct a multi-family dwelling un a Bl Zoning District,is an allowable use by right and by requesting Special Permits per Section 3.3.3 Nonconforming Structures to structurally extend,alter or structurally change the existing structure preserves a significantly historic structure."This finding was accidentally carried over from an unrelated decision and is irrelevant to the ZBA decision for 220 HIGHLAND AVENUE.At a regularly scheduled Zoning Board of Appeal meeting held on April 16,2015, the Salem Board of Appeals voted five (5)in favor(Ms. Curran (Chair),Mr.Duffy,Mr.Watkins,Mr. Copelas,Mr.Dionne) in favor and none opposed, to strike Findings for Special Permit#1 as extraneous and irrelevant and correct the record as to who voted on the Zoning Board of Appeal Decision stamped April 1,2015. This letter shall be part of the record. Sincerely, Erin Schaeffer Staff Planner w COUNT CITY OF SALEM, MASSACHUSETTS BOARD OF APPEAL 120 WASHINGTON STREET#SALEM,MASSACHUSETTS 01970 K WERLEY DRISCOLL SLE:978-745-9595 ♦ FAX:978-740-9846 MAYOR ^ry April 17, 2015 Amended Decision o City of Salem Board of Appeals F m Petition of TROPICAL PRODUCTS, INC seeking Special Permit from the provision of Se>3.3.2 Nonconforming Uses to allow an extension of a non-conforming use and a Special 1`9�mit in the provisions of Sec.3.3.3 Nonconforming S&uctures to allow the extension of a non-co�brmug front setback dimension for the property located at 220 HIGHLAND AVENUE (Map 8 Lot 124) (112 Zoning District). A public hearing on the above Petition was opened on March 18, 2015 close on that date pursuant to M.G.L Ch. 40A, § 11 with the following Salem Board of Appeals members present: Ms. Curran (Chair), Mr. Duffy, Mr. Copelas,Mr.Tsitsinos (alternate). The Petitioner seeks Special Permits per Sec. 3.3.2 Noncon forming Uses to allow an extension of a non- conforming use and a Special Permit from the provisions of Sec. 3.3.3 Nonconjoming Structures of the Salem Zoning Ordinance. Statements of fact: 1. In the petition date-stamped February 24, 2015, the Petitioner requested Special Permits per Section 3.3.2 Nonconforming Uses and Section 3.3.3 Nonconforming Structures to all the extension of a non- conforming front setback dimension. 2. Attorney Atkins presented the petition. 3. The petitioner proposes to construct a 574 square foot addition to the fust floor and a 3, 485 square foot addition to the second floor on the front left side of the existing structure in accordance with plans titled"220 Highland Avenue"A-1 through A-4 and C-1 dated February 24, 2015. i 4. The requested relief, if granted, would allow the Petitioner to allow the extension of a non- conforming front setback dimension. 5. At the public hearings no members spoke in favor or in opposition to the proposal. The Salem Board of Appeals, after careful consideration of the evidence presented at the public hearing, and after thorough review of the petition, including the application narrative and plans, and the Petitioner's presentation and public testimony, makes the following findings that the proposed project meets the provisions of the City of Salem Zoning Ordinance: Findings for Special Permit: 1. The board finds that the proposed expansion of this dimensionally non-conforming building is not more detrimental than the existing structure to the impact on the social, economic or community needs served by the proposal. 2. There are no impacts on traffic flow and safety,including parking and loading. City of Salem Board of Appeals April 17,2015 Project: Page 2 of 2 3. The capacity of the utilities is not affected by the project. 4. There are no impacts on the natural environment,including drainage. 5. The proposal conforms to the existing neighborhood character. 6. The potential fiscal impact,including impact on the City tax base is positive. On the basis of the above statements of facts and findings, the Salem Board of Appeals voted four (4) in favor (Ms. Curran (Chair), Mr. Duffy, Mr. Watkins, Mr. Copelas, Mr. Tsitsinos (alternate) and none (0) opposed, to grant a Special Permit, to allow the extension of a non-conforming front setback dimension., subject to the following terms,conditions, and safeguards: Standard Conditions: 1. The Petitioner shall comply with all city and state statutes, ordinances, codes and regulations. 2. All construction shall be done as per the plans and dimensions submitted to and approved by the Building Commissioner 3. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 4. Petitioner shall obtain a building permit prior to beginning any construction. 5. Exterior finishes of new construction shall be in harmony with the existing structure. 6. A Certificate of Occupancy shall be obtained. 7. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to,the Planning Board. Rebecca Curran, Chair Board of Appeals A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK Appeal firm thu dedaon, if any,shall be made purneant to Section 17 of the Martaehurettr General L ws Chapter 40A, and shall be filed wthin 20 days of fang of this dewwx in the off v of the Gty Clerk. Parmant to the Massachweth General L s Chapter 40A, Section 11,the Vanance or Spedal Permitgmnted herein shall not take effect until a ropy of the deacon bearing the certificate of the City Clerk has been filed with the Essex South Registry ofDeedr. yam. CITY OF SALEM, MASSACHUSETTS BOARD OF APPEAL 120 WASHINGTON STREET 1 SALEM,MASSACHUSETTS 01970 KIMBERLEYDRIscoLL TELE:978-745-9595 ♦ FAx:978-744fM,A P MAYOR 4 AAYY April 1, 2015 FILE # PITY GLE�h, SALEM, N$S Decision City of Salem Board of Appeals Petition of TROPICAL PRODUCTS, INC seeking Special Permit from the provisions of Sec. 3.3.2 Nonconforming Uses to allow an extension of a non-conforming use and a Special Permit from the provisions of Sec. 3.3.3 Nonconforming Structures to allow the extension of a non-conforming front setback dimension for the property located at 220 HIGHLAND AVENUE (Map 8 Lot 124) (B2 Zoning District). A public hearing on the above Petition was opened on March 18, 2015 close on that date pursuant to M.G.L Ch. 40A, § 11 with the following Salem Board of Appeals members present Ms. Curran (Chair), Mr. Duffy, Mr. Watkins, Mr. Copelas,Mr. Tsitsinos (alternate). The Petitioner seeks Special Permits per Sec. 3.3.2 Nonconforming Uses to allow an extension of a non- conforming use and a Special Permit from the provisions of Sec. 3.3.3 Nonconforming Structures of the Salem Zoning Ordinance. Statements of fact: 1. In the petition date-stamped February 24, 2015, the Petitioner requested Special Permits per Section 3.3.2 Nonconforming Uses and Section 3.3.3 Nonconforming Structures to all the extension of a non- conforming front setback dimension. 2. Attorney Atkins presented the petition. 3. The petitioner proposes to construct a 574 square foot addition to the first floor and a 3, 485 square foot addition to the second floor on the front left side of the existing stricture in accordance with plans titled"220 Highland Avenue"A-1 through A-4 and C-1 dated February 24,2015. 4. The requested relief, if granted, would allow the Petitioner to allow the extension of a non- conforming front setback dimension. 5. At the public hearings no members spoke in favor or in opposition to the proposal. The Salem Board of Appeals, after careful consideration of the evidence presented at the public hearing, and after thorough review of the petition, including the application narrative and plans, and the Petitioner's presentation and public testimony, makes the following findings that the proposed project meets the provisions of the City of Salem Zoning Ordinance: Findings for Special Permit: 1. The Board finds that the proposal, to construct a multi-family dwelling in a B1 Zoning District, is an allowable use by tight and by requesting Special Permits per Section 3.3.3 Nonconforming Structures to structurally extend, alter or structurally change the existing structure preserves a significantly historic structure. City of Salem Board of Appeals April 1,2015 Project: Page 2 of 2 2. The board finds that the proposed expansion of this dimensionally non-conforming building is not more detrimental than the existing structure to the impact on the social, economic or community needs served by the proposal. 3. There are no impacts on traffic flow and safety,including parking and loading. 4. The capacity of the utilities is not affected by the project. 5. There are no impacts on the natural environment,including drainage. 6. The proposal conforms to the existing neighborhood character. 7. The potential fiscal impact,including impact on the City tax base is positive. On the basis of the above statements of facts and findings, the Salem Board of Appeals voted four (4) in favor (Ms. Curran (Chair), Mr. Duffy, Mr. Watkins, Mr. Copelas, Mr. Tsitsmos (alternate) and none (0) opposed, to grant a Special Permit, to allow the extension of a non-conforming front setback dimension., subject to the following terms, conditions,and safeguards: Standard Conditions: 1. The Petitioner shall comply with all city and state statutes, ordinances,codes and regulations. 2. All construction shall be done as per the plans and dimensions submitted to and approved by the Building Commissioner 3. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 4. Petitioner shall obtain a building permit prior to beginning any construction. 5. Exterior finishes of new construction shall be in harmony with the existing structure. 6. A Certificate of Occupancy shall be obtained. 7. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to,the Planning Board. Rebecca Curran,Chair Board of Appeals A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK Appeal from this decision,if any, shall be made pursuant to Section 17 of the Massachusetts General Laws Chapter 40A, and shall be filed within 20 days of fib'ng of this decision in the office of the City Clerk. Pursuant to the Massachusetts General Laws Chapter 40A, Section 11, the Vanance or Special Permit granted herein shall not take effect until a ropy of the decision bearing the certificate of the City Clerk has been filed with the Essex South Registry of Deeds. l r ��plaDlT,G_ CITY OF SALEM, MASSACHUSETTS BOARD OF APPEAL �sp�C Ali: 38 120 WASHINGTON STREET♦SALEM,MASSACHUSETTS 01970 KmasERLEYDRIscoLL 1FLE:978-745-9595 ♦ FAx:978-740-9846 FILE # MAYOR CITY CLERK, SALEM, MASS. April 1, 2015 Decision City of Salem Board of Appeals Petition of TROPICAL PRODUCTS, INC seeking Special Permit from the provisions of Sec. 3.3.2 Nonconforming Uses to allow an extension of a non-conforming use and a Special Permit from the provisions of Sec. 3.3.3 Nonconforming Structures to allow the extension of a non-conforming front setback dimension for the property located at 220 HIGHLAND AVENUE (Map 8 Lot 124) (B2 Zoning District). A public heating on the above Petition was opened on Match 18, 2015 close on that date pursuant to M.G.L Ch. 40A, 4 11 with the following Salem Board of Appeals members present: Ms. Curran (Chair), Mr. Duffy, Mr. Watkins,Mr. Copelas,Mr. Tsitsinos (alternate). The Petitioner seeks Special Permits per Sec. 3.3.2 Nonconforming Uses to allow an extension of a non- conforming use and a Special Permit from the provisions of Sec. 3.3.3 Nonconforming Structures of the Salem Zoning Ordinance. Statements of fact: 1. In the petition date-stamped February 24, 2015, the Petitioner requested Special Permits pet Section 3.3.2 Nonconforming Uses and Section 3.3.3 Nonconforming Structures to all the extension of a non- conforming front setback dimension. 2. Attorney Atkins presented the petition. 3. The petitioner proposes to construct a 574 square foot addition to the first floor and a 3, 485 square foot addition to the second floor on the front left side of the existing structure in accordance with plans titled "220 Highland Avenue"A-1 through A-4 and C-1 dated February 24, 2015. 4. The requested relief, if granted, would allow the Petitioner to allow the extension of a non- conforming front setback dimension. 5. At the public hearings no members spoke in favor or in opposition to the proposal. The Salem Board of Appeals, after careful consideration of the evidence presented at the public hearing, and after thorough review of the petition, including the application narrative and plans, and the Petitioner's presentation and public testimony, makes the following findings that the proposed project meets the provisions of the City of Salem Zoning Ordinance: Findings for Special Permit: 1. The Board finds that the proposal, to construct a multi-family dwelling in a B1 Zoning District, is an allowable use by right and by requesting Special Permits per Section 3.3.3 Nonconforming Structures to structurally extend, alter or structurally change the existing structure preserves a significantly historic structure. City of Salem Board of Appeals April 1,2015 Project: Page 2 of 2 2. The board finds that the proposed expansion of this dimensionally non-conforming building is not more detrimental than the existing structure to the impact on the social, economic or community needs served by the proposal. 3. There are no impacts on traffic flow and safety,including parking and loading. 4. The capacity of the utilities is not affected by the project. 5. There are no impacts on the natural environment,including drainage. 6. The proposal conforms to the existing neighborhood character. 7. The potential fiscal impact,including impact on the City tax base is positive. On the basis of the above statements of facts and findings, the Salem Board of Appeals voted four (4) in favor (Ms. Curran (Chair), Mr. Duffy, Mr. Watkins, Mr. Copelas, Mr. Tsitsinos (alternate) and none (0) opposed, to grant a Special Permit, to allow the extension of a non-conforming front setback dimension., subject to the following terms, conditions, and safeguards: Standard Conditions: 1. The Petitioner shall comply with all city and state statutes, ordinances, codes and regulations. 2. All construction shall be done as per the plans and dimensions submitted to and approved by the Building Commissioner 3. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 4. Petitioner shall obtain a building permit prior to beginning any construction. 5. Exterior finishes of new construction shall be in harmony with the existing structure. 6. A Certificate of Occupancy shall be obtained. 7. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to, the Planning Board. Rebecca Curran, Chair Board of Appeals A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK Appeal from this decision, rf any,shall be made pursuant to Section 17 of the Massachusetts General Laws Chapter 40A, and shall be filed within 20 days of fihn8 of this decision in the office of the City Clerk. Pursuant to the Massacbureas General Laws Chapter 40A, Section 11, the Variance or Special Permit granted berein shall not take effect until a copy of the deasion bearing the cerhfacate of the City Clerk has been filed with the Essex South Registry of Deeds. CITY OF SALEM, MASSACHUSETTS BOARD OF APPEALS PETITION FORM *� CITY OF SALEM, MASSACHUSETTS F�a BOARD OF APPEALS 1015 FEB 24 P I: 05 '$ty, 120 WASHINGTON STREET,3'FLOOR SALEM,MASSACHUSETTS 01970 FILE N KmERLEY DR1sCOLL CITY CI-EpeP..K. Sr ,1LEK tIASS. MAYOR Thomas SL Pierre,Director of Inspectional Services f1-F y ~ ANG""' LJ Phone:978-619-5641/Fax:978-740-9846 V 1."�,1� (� V Erin Schaeffer,Staff Planner FEB [�T �,�i5 Phone:978-619-5685/Fax:978-740-0404 l TO THE BOARD OF APPEALS DEPT.Or PLANN'NG& CCAUVIUMTv DEV _LOP'.dI__NT The Undersigned represent that he/she is/are the owners of a certain parcel of land located at: Address: 220 Highland Avenue Zoning District: B-2 An application is being submitted to the Board of Appeal for the following reason(s): This statement must describe what you propose to build,the dimensions,the zone property is in,and the zoning requirements. (Example: I am proposing to construct a 10'X 10'one story addition to my home located at 3 Salem Lane, in the R-2 Zoning District. The Zoning Ordinance requires the minimum depth of the rear yard to be 30 feet. The current depth of my rear yard is 32 feet; the proposed addition would reduce the depth of the rear yard to 22 feet.) See attached Description of Proposed Work For this reason I am requesting: ( )Variance(s)from provisions of Section of the Zoning Ordinance,specifically from (i.e. minimum depth ofrearyard). What is allowed is (ft?sq ft?stories?%?), and what I am proposing is (ft?sq ft?stories?%?). (X)A Special Permit under Section 3.3.2 and 3.3.3 of the Zoning Ordinance in order to extend a non- conforminP use and extend a non-conforming front setback dimension ( )Appeal of the Decision of the Building Inspector(described below): ( )Comprehensive Permit for construction of low or moderate income housing(describe below): Current Property Use: Commercial Are Lot Dimensions Included? (X) Yes ( )No Why? (Example:Two Family Home) The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem Zoning Ordinance and allow the project to be constructed as per the plans submitted,as the enforcement of said Zoning By-Laws would involve practical difficulty or unnecessary hardship to the Undersigned and relief may be granted without substantially derogating from the intent and purpose of the Zoning Ordinance. CITY OF SALEM, MASSACHUSETTS BOARD OF APPEALS PETITION FORM The following written statement has been submitted with this application: ( ) For all Variance requests a written Statement of Hardship demonstrating the following must be attached: a) Special conditions and circumstances that especially affect the land,building,or structure involved, generally not affecting other lands,buildings,and structures in the same district; b) Literal enforcement of the provisions of the Ordinance would involve substantial hardship to the applicant; and c) Desirable relief may be granted without substantial detriment to the public good,and without nullifying or substantially derogating from the intent of the district or the purpose of the ordinance. (X) For all Special Permit requests a Statement of Grounds must be attached. An application for a special permit for a nonconforming use or structure shall include a statement demonstrating how the proposed change shall not be substantially more detrimental than the existing nonconforming use to the neighborhood in accordance with Section 9.4 Special Permits. Such a statement should include reference to the following criteria: a) Social,economic,or community needs served by the proposal; b) Traffic flaw and safety, including parking and loading; c) Adequacy of utilities and other public services; d) Impacts on the natural environment, including drainage; e) Neighborhood character;and Q Potential fiscal impact,including impact on City tax base and employment. ( ) For all Comprehensive Permits for construction of low or moderate income applicants should refer to M.G.L. Ch.40B §20-23. Previous application to the Board of Appeals involving this property have been submitted with this petition form. The Building Commissioner can provide documentation of previous application to the petitioner or his representative. If different from petitioner: Petitioner: Tropical Products,Inc. Property Owner: Berman Properties,LLC Address: 220 Highland Avenue, Salem,MA Address: 220 Highland Avenue,Salem,MA Telephone: 800-643-7387 Telephone: 800-643-7387 Email: Email: Signature f Signature: — (Attached consent letter is also acceptable) Date: February 24, 2015 Date: February 24, 2015 If different from petitioner: Representative: Atty George W.Atkins,III A TRUE Address: 59 Federal Street, Salem,MA 01970 ATTEST Telephone: 9 X10 Signatur Date: Cruiary 24, 215 CITY CLERK DATE DPCD DATE This original application must be filed with the City Clerk. DESCRIPTION OF PROPOSED WORK Proposed reconstruction and extension of the front of the existing building facing Highland Avenue by removal of existing silos and new construction of a first floor addition measuring 14' long and 41' wide, and construction of a second floor addition measuring 85' long and 41' wide (including the first floor measurements). The proposed construction will measure 24' high. The existing non-conforming set back of 24.4' will be maintained and no new non-conforming dimensions will be created. STATEMENT OF GROUNDS The proposed work is needed for expanded storage space for current operations and also needed due to a recent snow-caused roof collapse. The location has been used for commercial activity since 1946 and currently employs fifty(50)people. The business is one of few remaining manufacturing facilities in the City and thus the proposal serves social and economic needs. No change is required to parking, loading or traffic flow and safety and current utilities and public services are adequate. There is no impact on the natural environment in that the project is outside the wetland buffer zone and building drainage will be connected to adequate existing municipal systems. The neighborhood character will be enhanced by removal of the silos and improving the building appearance facing the Highland Avenue entrance corridor. The City tax base will be maintained and as indicated above employment levels will be maintained in Salem. A previous Special Permit for a building addition was granted in 1986, a copy of which is attached. 1 BOO' 852714580 DOCUMENT NO: 220903 (Eau of $akin, Ansuchusette S 200Sfb of Meal DECISION ON THE PETITION OF SUNBURST FRUIT JUICES, INC. FOR A SPECIAL PERMIT AT 220 HIGHLAND AVE. (B-2) II��qq A hearing on this petition was held May 14, 1986 Jet jkhej1faftW11V8oard Members present: James Hacker, Chairman; Richard Bencal, cnetary; Messrs., Fleming, Luzinski and Strout. Notice of the hearing was SWtEfd abutters and others and notices of the hearing were properly published in the Salem,EvlekUnflews in accordance with Massachusetts General Laws ChaptertAUA E`" The petitioner is requesting a Special Permit to allow construction of an addition . for additional office space and production facilities in_this B-2 district. The provision of the Salem Zoning Ordinance which is applicable to this requesla for a Special Permit is Section V B 10, which provides as follows: $4 w m Notwithstanding anything to the contrary appearing in this o Ordinance, the Board of Appeal may, in accordance with the i procedure and conditions set forth in Section VIII F and IX D, grant Special Permits for alterations and'reconstruction of I nonconforming structures, and for changes, enlargements, extension -or expansion of nonconforming lots, land, structures, and uses, _ a provided, however, that such change, extension„ enlargement or vn expansion shall not be_substantlally.more detrimental than the existing nonconforming use to the neighborhood. _In more general terms,_this Board Is, when reviewing Special Feralt requests, _ i guiaed by the rule that-a Special Permit request may be granted upon a finding by the,Board that the grant of the Special Permit will promote the public health, safety, convenience end welfare of the City's inhabitants. c O IThe Board of Appeal, after hearing the evidence presented at the hearing and CD LT after viewing the plan, makes the following findings of fact: — It to 1. The company has been in business for over 'hirty (30) years on this site; 2. The company, which employs 60-70 people on 3 shifts has ample parking on site; 3. After clarification of the plans neighbors and abutters were in favor. i On the basis of the above findings of fact, and on the evidence presented at hearing, the Board of Appeal concludes as follows: : 1. Petitioners plan as altered will not be substantially detrimental to the public good; 2. The plan does not substantially derogate .from or nullify the intent and purpose of the Ordinance. L _ eaai 8527PG581 DECISION ON THE PETITION OF SUNBURST FRUIT JUICES, INC. FOR A SPECIAL PERMIT FOR 220 HIGHLAND AVE., SALEM page two Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the requested relief subject to the following conditions: i I T. Plans for the proposed addition must meet conditlons set forth in a letter to the Board from the Salem Fire Dept.; 2. The trailer now located on the site must be removed; 3. A decree from land court be furnished to the City Planner stating that Roclmere Street does not extend to Highland Ave.; 4. A Covenant between petitioner and Nr. Richard Swinluch be given relative to the use of the property in the R-E zone; _ 5. Approval is contingent upon resolution of water problems noted in a letter by the Director of Public Services and all conditions must be met before a Certificate of Occupancy be obtained. SPECIAL PERMIT GRANTED chard•A. Banca , Sedretary - - A COPY OF THIS DECISION HAS BEEN FILfD'WITH THE PLANNING BOARD AND THE CITY CIEM AfPM FIN TM OEC;SION. If Atry,SHALL BE MACE P.''S;:'� CGa1AL IAMS,tHLFUR SOS.AHO SHALE BE nlf0 a' EE]nOH IS DF THE RFSS. OF Mm 0=0:4 IN THE OFFICE OF SHE CRY " E:'; Ar:a THE DATE OF FILIIT, S'a nt"S TO WASS.&U.'N' CLE ._ AL IA17L CAPEER M S[F:gL n -:_-;ACX DP, FICAImN y MC Cr(GLtA\TMA! ffFFCT IR.In A COJ', ;::r.:..:,StD.T, SG3hs[ETHF C Find OR TXAT,IF MH OATS tMVF lulfi V.;.h: 'Mt HAS Owl nuCt. 1 0.:APPEAL HAS SEEN FILL THAT n Y:.>'bCEt, C:%ISS D OS DENIED m OF ISECO O 10 THE SO'a1N EWA RE-PSTRY OF DEEDS Ah^, IaF>mID OA m RELCADED me hIM DM THE OWNER'S EL;-Fi:;.:E-Oi THEELL E OF THE DY;i:: Date :U 23, 1986 BOARD OF APPEAL ' 1 hereby certify that 40 da Ys have expired _ fro' the date this ImImment was received,- and that.NO APPFAI has been fled inthis l\J office. A Truo COPYMass. ATTEST: C Ci K, Safe', 7 CITY OF SALEM ASSESSOR'S CERTIFICATION OF ABUTTERS AND "PARTIES IN INTEREST" BOARD/COMMISSION: Board of Appeals PROJECT SITE 218-220 Highland Ave I08 0124 01 DATE: 2/25/15 DESCRIPTION OF REQUIREMENT: Parties in Interest: The applicant Abutters Owners of land opposite any street or way Abutters and abutters to abutters within 300 feet Planning boards of abutting cities and towns This is to certify that the time of the last assessment for taxation made by the City of Salem, the names and addresses of those listed on the attached sheets are "parties in interest" (as defined by Massachusetts General Law Chapter 40A, Section 11) to the parcel(s) of land listed above as the project site. Assessor's Signature: Date: Number of initialed pages attached: Once Certified, Return to: Erin Schaeffer Department of Planning and Community Development Salem Web GIS-Map Page http://host.appgeo.com/salemma/Map.aspx ` •.� ,�WCICO1rd@�-�8 "U�yy��IE;�Eii2� }` tt.SE�S � ' 1 'N• New Property Search a r �,• � � �, „_ y Property ID 08_0 Address 218-: Owner BERI o Property ID 09_0280_0 Address 25 CLOVEF p Owner AMBLER D Property ID 08 0122 0 1 - Address 28 CLOVEF Owner HUGHES Jj r Property ID 09_0267_0 Address 29 CLOVEF Owner MEIMETEA Property ID 09_0269_0 I Address 30 CLOVEF o g Owner MEIMETEP d Q' Property ID 09_0268_0 oO r Search 300 ft t Distance F r1 r, �nn'� aan �n, nit Mailing Labels e- f4,4 ❑+ 'v.v.v-o.vllo*E] ~o Q c hf +- ® Scale V_ aR rr y 664 ft Salem City Hall 93 Washington Street, Salem, MA 01970 Phone: 978-745-9595 City Hall Hours of Operation: Monday,Tuesday&Wednesday 8AM-4PM Thursday 8AM-7PM Site designed by AppGeo. oft 2/25/2015 10:10 AM \4 f 09_0280_0 14_0001_0 AMBLER DARREN J NEW ENGLAND POWER CO 25 CLOVERDALE AVENUE 40 SYLVAN ROAD SALEM,MA 01970 WALTHAM,MA 02451 08_0122 0 13_0004_0 I'1I 4}Aw fhbrtle, 2828 CLO�AVENUE 5 LLC0 j SALEM,MA 01970 \ r-o n-r 5-k-re..a- st-e 5S Q c4i A=AL t 09_0267_0 13_0001_0 MEIMETEAS ANGELO I 204 HIGHLAND AVE REALTY TRUST 30 CLOVERDALE AVENUE 30 CYPRESS HOLLOW SALEM,MA 01970 BLUFFTON,SC 29909-4528 ! i i 09_0269_0 13 0002 0 i MEIMETEAS ANGELO 123 1/2 BOSTON ST I IW-BRfkllift*4VE SALEM,MA 01970 g �(Yla`•n S'h"a?x' 105 09_0268_0 08_0124_0 ORFANOS STAVAOULA C I HERMAN PROPERTIES,LLC —�-------------._.-_--.._ -- 180 JENNESS STREET 220 HIGHLAND AVENUE LYNN,MA 01903 SALEM,MA 01970 os 0101o os olal_o -- -------_---� jPHEASANT HILL REALTY TRUST SECOND PICKWICK TRUST THE 14 GLENN AVE I 875 EAST STREET SALEM,MA 01970 i TEWKSBURY,MA 01876 08_0121_0 I 08_0123_0 i DRISCOLL NICHOLAS J PEP BOYS-MANNY MOE& 16 GLENN AVENUE I 3111 WEST ALLEGHENY AVE SALEM,MA 01970 ! PHILADELPHIA;PA 19132 i 08_0167_0 ! MURTAGH THOMAS D i 08_0155_0 HERMAN PROPERTIES,LLC i 17 GREENLAWN AVE 220 HIGHLAND AVENUE SALEM,MA 01970 SALEM,MA 01970 ! I f j 08_0128_0 08_0156_0 j COLE CHRISTOPHER i BERMAN PROPERTIES,LLC 18GREENLAWN AVE 220 HIGHLAND AVENUE SALEM,MA 01970 SALEM,MA 01970 i 08_0162_0 PANNETON LAURI ANN 19 GREENLAWN AVE SALEM,MA 01970 j I ! i ;..-------- ------------- ------- -J i---- - ------— -------- !